For the specific purposes of this article, the following terms,
whenever used herein or referred to in this article, shall have the
respective meanings assigned to them hereunder unless a different
meaning clearly appears from the context:
CREDITOR
A state chartered bank, savings bank, savings and loan association
or credit union, any person or entity required to be licensed under
the provisions of the New Jersey Residential Mortgage Lending Act,
P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 et seq.), any foreclosing entity
subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127,
§ 17, as amended from time to time) and any entity acting
on behalf of the creditor named in the debt obligation, including,
but not limited to, servicers.
EXTERIOR OF PREMISES
Those portions of a structure which are exposed to public
view or are visible from adjoining or adjacent lots, including all
outside surfaces and appurtenances thereto, and the open land space
of any premises outside of any building or structure erected thereon,
including vacant lots.
NUISANCE
A.
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the Borough.
B.
Any physical condition existing in or on the exterior of any
premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of the premises where the condition exists.
OPERATOR
Any person, persons or entity not the owner, but including
any agent of the owner, who has charge, possession, custody, care
or control of a dwelling or premises or a part thereof.
OWNER
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, including
any fiduciary, trustee, receiver, guardian or mortgagee in possession.
Any lessee, sublessee or assignee of a lessee of any part of any premises
shall be deemed an "owner" with respect to that portion of the premises
sublet, leased or assigned.
PREMISES
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the building or structures thereon.
REFUSE or RUBBISH
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including,
but not limited to, garbage, trash, ashes, paper, paper goods and
products, wrappings, cans, bottles, containers, yard clippings, garden
waste, debris, junk, glass, boxes, crockery, wood, plastic, rubber,
leather, furniture, household goods, appliances, bedding, scrap lumber,
scrap metal, construction material, inoperable machinery or parts
thereof, garden or farming implements and supplies, dead or rotting
vegetation, tires and abandoned, inoperative or unusable automobiles
and vehicles and solid commercial or industrial waste. Anything herein
to the contrary notwithstanding, a compost pile free of discarded
foodstuffs shall not be deemed to be "refuse" or "rubbish."
VACANT AND ABANDONED RESIDENTIAL PROPERTY
Where a property is not occupied and three or more of the
following conditions exist:
A.
Overgrown or neglected vegetation;
B.
The accumulation of newspapers, circulars, flyers or mail on
the property;
C.
Disconnected gas, electric, or water utility services to the
property;
D.
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
E.
The accumulation of junk, litter, trash or debris on the property;
F.
The absence of window treatments such as blinds, curtains or
shutters;
G.
The absence of furnishing and personal items;
H.
Statements of neighbors, association management, delivery persons,
or government employees indicating that the residence is vacant and
abandoned;
I.
Windows or entrances to the property that are boarded up or
closed off or multiple window panes that are damaged, broken and unrepaired;
J.
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
K.
A risk to the health, safety or welfare of the public, or any
adjoining or adjacent property owners, exists due to acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of the property;
L.
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
M.
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
N.
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
O.
Any other reasonable indicia of abandonment.
With the exception of the violations and penalties contained
within this chapter, any person or entity who shall violate any of
the provisions of this article or any order promulgated hereunder
shall, after a summons is issued under the terms hereof, upon conviction,
be punished as follows:
A. For a first offense, by a fine not to exceed $50.
B. For a second offense, by a fine not to exceed $200.
C. For a third offense or any subsequent offenses, by the penalty stated
in this chapter.
In any case where a provision of this article is found to be
in conflict with or inconsistent with a provision of any other ordinance
or code of this municipality which establishes a lower standard for
the promotion and protection of the safety, health and welfare of
the people, the provisions of this article shall prevail, and such
other ordinances or codes or parts thereof are hereby declared to
be repealed to the extent that they may be so found to be in conflict
with this article.